Whitsitt v. Amazon.Com et al

Filing 28

FINDINGS AND RECOMMENDATIONS signed by Magistrate Judge Carolyn K. Delaney on 1/18/2017 RECOMMENDING that this action be dismissed without prejudice pursuant to F.R.Cv.P. Rule 41(b) and Local Rule 110; REFERRING this matter to Judge Troy L. Nunley; ORDERING that objections be filed and served within fourteen days. (Michel, G.)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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WILLAM WHITSITT,

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No. 2:14-0416 TLN CKD PS

Plaintiff,

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v.

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AMAZON.COM,

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FINDINGS AND RECOMMENDATIONS

Defendant.

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By order filed December 9, 2016, plaintiff was directed to provide to the United States

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Marshal, within fourteen days, all information needed by the Marshal to effect service of process,

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including all information required for proper service of summons under Federal Rule of Civil

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Procedure (h) and to file a statement with the court that said documents had been submitted to the

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United States Marshal, along with a copy of the information provided to the Marshal. Plaintiff

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has failed to file the requisite statement and has not otherwise responded to the court’s order.

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Accordingly, IT IS HEREBY RECOMMENDED that this action be dismissed without
prejudice. See Local Rule 110; Fed. R. Civ. P. 41(b).

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These findings and recommendations are submitted to the United States District Judge

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assigned to the case, pursuant to the provisions of 28 U.S.C. § 636(b)(l). Within fourteen days

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after being served with these findings and recommendations, any party may file written

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objections with the court and serve a copy on all parties. Such a document should be captioned
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“Objections to Magistrate Judge’s Findings and Recommendations.” Failure to file objections

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within the specified time may waive the right to appeal the District Court’s order. Martinez v.

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Ylst, 951 F.2d 1153 (9th Cir. 1991).

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Dated: January 18, 2017

_____________________________________
CAROLYN K. DELANEY
UNITED STATES MAGISTRATE JUDGE

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4 whitsitt416.ftc

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